The term locus standi is the term for the ability of a party to appear in the court and to be heard by the court. No doubt‚ the court vested its discretion to refuse or to allow him or her to proceed in the proceeding. However‚ any persons of the following would be sufficient to provide a complaint with a standing:- 1. he or she has a particular grievance of his or her own 2. he or she is a member of the public who has been inconvenienced 3. a mere stranger There are three locus standi requirements
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Brief 3 Circuit City Stores‚ Inc. v Mantor Procedural History • Paul Mantor sues Circuit City Stores‚ Inc. alleging twelve causes of action. • State Court granted Circuit City’s motion to compel Arbitration. • Mantor appealed that the arbitration agreement was unenforceable due to it being unconscionable. Issue If the arbitration agreement between Circuit City Stores‚ Inc. and Paul Mantor was unconscionable? Facts • In 1995‚ Circuit City Stores‚ Inc. instituted an arbitration
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a) An omission is failing to act. There is no liability for a failure to act. For example‚ if a person is drowning‚ we are under no legal duty to help him‚ even if we are close enough to do so. However‚ there are exceptions to this. When a person is under a contract to act‚ his failure to do so can mean the defendant is criminally liable. This is shown in R v Pittwood (1902) where the gatekeeper of a train track forgot to close the gate. A car went over and the passengers died. The gatekeeper was
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deal with the land. A title term prohibits transfer and sublease until it has been fully developed. The 3rd to 11th defendants are shareholders in the 2nd defendant. The 3rd and 4th defendants are also the Directors of the 2nd defendant. The 3rd and 4th defendants on their own behalf and on behalf of all the shareholders of the 2nd defendant had then signed a letter agreeing to sell all their shares in 2nd defendant to the 2nd‚ 3rd and 4th plaintiffs based on the terms stated therein for the consideration
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Andrea Lazalde Professor Mendiola Legal Environment of Business October 21‚ 2014 Court of Appeals of Texas‚ Houston (1st Dist.) MERRY HOMES‚ INC.‚ Appellant v. CHI HUNG LUU‚ Appellee. ISSUE: Chi Hung Luu‚ appellee‚ leased premises in Houston Texas‚ from Merry Homes‚ Inc.‚ with the intention of opening a bar or nightclub on the property. After Luu signed the lease‚ he submitted an application for a liquor license to the city of Houston. The city denied the application
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under and by virtue of an Authorization (Exhibit "C" and Exhibit "1")‚ 4 dated 1 March 1988‚ the pertinent portions of which read as follows: I. GERMAN A. BACALTOS‚ of legal age‚ Filipino‚ widower‚ and residing at second street‚ Espina Village‚ Cebu City‚ province of Cebu‚ Philippines‚ do hereby authorize RENE R. SAVELLON‚ of legal age‚ Filipino and residing at 376-R Osmeña Blvd.‚ Cebu City‚ Province of Cebu‚ Philippines‚ to use the coal operating contract of BACALTOS COAL MINES of which I am the
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RECEIPTS LAW I — THE ISSUE OF WAREHOUSE RECEIPTS Section 1. Persons who may issue receipts. — Warehouse receipts may be issued by any warehouseman. Sec. 2. Form of receipts; essential terms. — Warehouse receipts need not be in any particular form but every such receipt must embody within its written or printed terms: (a) The location of the warehouse where the goods are stored‚ (b) The date of the issue of the receipt‚ (c) The consecutive number of the receipt‚ (d) A statement whether the goods
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As per the Income Tax Act‚ 1961 where a person dies‚ his legal representatives shall be liable to pay any sum which the deceased would have been liable to pay if he had not died‚ in the similar manner and to the same extent as the deceased. As per section 159 of the Income Tax Act‚ 1961 (Act)‚ even when a person dies‚ the assessment of his income is to be done upto the time of his death. So‚ the legal representative of the deceased has to file the income tax return for the income on which the deceased
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definite address‚ telephone and email address 4/ Business registration‚Enterprise must carry out formalities which law ask to be able to establish legally‚ have its purpose is seeking profit. B) Classification of enterprise VN law: _Based on legal forms: + Limited liability company with more than one member + Sole member limited company + Shareholding company + Partnership + Sole proprietorship + State – owned enterprise + Cooperative + Foreign invested company _ Based on liability
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Monday‚ July 27‚ 2009 Case study cyber law - Nasscom vs. Ajay Sood & Others In a landmark judgment in the case of National Association of Software and Service Companies vs Ajay Sood & Others‚ delivered in March‚ ‘05‚ the Delhi High Court declared `phishing’ on the internet to be an illegal act‚ entailing an injunction and recovery of damages. Elaborating on the concept of ‘phishing’‚ in order to lay down a precedent in India‚ the court stated that it is a form of internet fraud where
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